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to what was told and reported and testified about in the 2008 trial. >> so here's the issue. my defense hat now as it relates to the tape and that's this. you're going to question about the tape, the authenticity of the tape. you're going to question where did it come from. what's the chain of custody? is it technologically sound? is anybody superimposed on the tape? are they play acting? people do kinky things. >> let me ask you this. people are going to test the ver as its of that tape. >> of course. >> was there a videotape the last time because -- >> there was. >> so he's gotten off charges like this before. >> yes. >> why is this different? >> so i think it's different a couple of reasons. so let's talk about that. back in 2002 when it went to trial in 2008, so there were problems. first all, apparently that videotape is a little more grainy than this videotape. the defense atakd the videotape suggesting it was not him on that videotape, and the victim in the videotape did not testify. people said, oh, it's her, it's

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